| Date: | 11/30/2009 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 035986-05 |
| Location: | Boston |
- Employee: Ricardo Vazquez
- Employer: Target Corporation
- Insurer: Target Corporation
COSTIGAN, J. The employee raises two issues on appeal from a decision awarding him payment of § 36(e) loss of function benefits for a left shoulder injury, but denying both his and the insurer's claims for statutory penalties. First, the employee alleges error in the judge's denial of § 8(1) penalties relating to the self-insurer's payment of § 36 benefits awarded in a conference order. We affirm the judge's denial of § 8(1) penalties, as he correctly found that the self-insurer's payment fully complied with both the applicable statute and the adjudicatory rules. (Dec. 12.)